The 1940 Constitution of Cuba was implemented during the presidency of

Fulgencio Batista Fulgencio Batista y Zaldívar (born Rubén Zaldívar; January 16, 1901 – August 6, 1973) was a Cuban military officer and politician who played a dominant role in Cuban politics from his initial rise to power as part of the 1933 Revolt of t ...

on 10 October 1940. It was primarily influenced by the collectivist ideas that inspired the

Cuban Revolution of 1933 The Cuban Revolution of 1933 (), also called the Sergeants' Revolt, was a coup d'etat that occurred in Cuba in September 1933. It began as a revolt of sergeants and enlisted men in the military, who soon allied with student activists in the Dire ...

. Widely considered one of the most progressive constitutions at the time, it provided for

land reform Land reform (also known as agrarian reform) involves the changing of laws, regulations, or customs regarding land ownership, land use, and land transfers. The reforms may be initiated by governments, by interested groups, or by revolution. Lan ...

public education A state school, public school, or government school is a primary school, primary or secondary school that educates all students without charge. They are funded in whole or in part by taxation and operated by the government of the state. State-f ...

, a

minimum wage A minimum wage is the lowest remuneration that employers can legally pay their employees—the price floor below which employees may not sell their labor. List of countries by minimum wage, Most countries had introduced minimum wage legislation b ...

and other social programs. It had 286 articles in 19 sections.

Origins

Despite the fact that some political parties had refused to participate in some elections in anticipation of fraud by the government in power, all parties presented candidates for the election of a Constitutional Assembly in November 1939. Beneath the variety of parties, the two national leaders who had dominated Cuban politics since the ouster of President

Gerardo Machado Gerardo Machado y Morales (28 September 1869 – 29 March 1939) was a general of the Cuban War of Independence and President of Cuba from 1925 to 1933. Machado was elected president in 1924 as the leader of the Liberal Party, a moderate reform ...

in 1933: former President

Ramón Grau Ramón Grau San Martín (; 13 September 1881 – 28 July 1969) was a Cuban physician who served as President of Cuba from 1933 to 1934 and from 1944 to 1948. He was the last president (other than Carlos Manuel Piedra who was interim president ...

and

, a military leader who had dominated several recent presidents. Each maneuvered to form coalitions, but public interest was only sufficient to produce a turnout of 57% of the eligible voters. The 76 delegates from nine political parties first elected Grau chairman, but he was removed when the Conservative Party delegates, who had campaigned in opposition to Batista, switched sides and supported Batista's candidate for chairman,

Carlos Márquez Sterling Dr. Carlos Márquez Sterling y Guiral (September 8, 1898 – May 3, 1991) was a Cuban lawyer, writer, politician and diplomat. Political career Born Carlos Guiral y Márquez Sterling on September 8, 1898, in Camagüey, Cuba, Márquez Sterling ...

. The assembly debated publicly for six months and adopted the constitution at the

Capitol Capitol, capitols or The Capitol may refer to: Places and buildings Legislative building * United States Capitol, in Washington, D.C. * National Capitol of Colombia, in Bogotá * Palacio Federal Legislativo, in Caracas, Venezuela * National Ca ...

Havana Havana (; ) is the capital and largest city of Cuba. The heart of La Habana Province, Havana is the country's main port and commercial center.Guáimaro Guáimaro is a town and municipality in the southern part of Camagüey Province in Cuba. It is located between the cities of Camagüey and Las Tunas (city), Las Tunas. History Guáimaro features prominently in Cuban history as the place where in 1 ...

Camagüey Camagüey () is a city and municipality in central Cuba and is the nation's third-largest city with more than 333,000 inhabitants. It is the capital of the Camagüey Province. It was founded as Santa María del Puerto del Príncipe in 1514, by Sp ...

, as a tribute to the anti-colonial revolutionaries who signed a draft of a proposed Cuban constitution there in 1869. A later U.S. Ambassador to Cuba,

Philip Bonsal Philip Wilson Bonsal (May 22, 1903 – June 28, 1995) was an American career diplomat with the U.S. Department of State. A specialist on Latin America, he served as United States Ambassador to Cuba from February 1959 until October 1960, the first ...

assessed the outcome: For example, the Constitution established as national policy restrictions on the size of land holdings and an end to common ownership of sugar plantations and sugar mills, but these principles were never translated into legislation.

Provisions

The Constitution of 1940 (a) substantiated voting as a right, obligation and function of the people; (b) endorsed the previously established form of government, specifically republican, democratic and representative; (c) confirmed individual rights and privileges including private property rights; and (d) introduced the notion of

collective rights Individual rights, also known as natural rights, are rights held by individuals by virtue of being human. Some theists believe individual rights are bestowed by God. An individual right is a moral claim to freedom of action. Group rights, also k ...

. Under the Constitution of 1940, the separation between the three branches of government remained, but with obvious distinctions: (a) the role of the

prime minister A prime minister or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. A prime minister is not the head of state, but r ...

was introduced; (b) the executive branch converted to semi-parliamentary form, where half of its ministers could also be

congressmen A member of congress (MOC), also known as a congressman or congresswoman, is a person who has been appointed or elected and inducted into an official body called a congress, typically to represent a particular constituency in a legislature. The ...

; and (c) Congress’ form was changed to one member in the house for every 35,000 citizens or greater fraction of 17,500, and nine

senator A senate is a deliberative assembly, often the upper house or Legislative chamber, chamber of a bicameral legislature. The name comes from the Ancient Rome, ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior ...

s per

province A province is an administrative division within a country or sovereign state, state. The term derives from the ancient Roman , which was the major territorial and administrative unit of the Roman Empire, Roman Empire's territorial possessions ou ...

. The Constitution of 1940 ratified the authority and independence of the judiciary. Specifically, the judicial branch remained autonomous and empowered to nominate judges and magistrates. Like the Constitution of 1901, and the

U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constituti ...

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

justices were appointed by the president and confirmed by the senate. In addition, the Constitution of 1940 instituted a Court of Constitutional and Social Guarantees, known as the Constitutional Court, under the jurisdiction of the Supreme Court. The Constitutional Court was empowered to hear labor and constitutional law disputes and to set remedies for violations. Under the Constitution of 1940, provincial government was terminated. The provincial councils endured, but were now composed of the mayors of various municipalities incorporated into each province. The governor's power to suspend mayors ceased, while the municipalities gained the right to impose local taxes. Public expenses and budgeting at all levels became subject to a ministerial officer under the auspices of a new Court of Public Administration. A Court of Public Works was instituted. The constitutional amendment clause was strictly enforced in the Constitution of 1940. A constitutional convention was required to modify the language of the Constitution. Congress was authorized to make minor reforms to the document, provided that the following requirements were adhered to: (a) quorum (joint session); (b) two thirds vote of the total number of legislators; and (c) proposed amendments needed to be approved at two consecutive legislative sessions. The Constitution of 1940 could also be modified via referendum. The most notable difference between the Constitution of 1901 and the Constitution of 1940 was the addition of constitutional protection for issues relating to family, culture, property and labor. Without constitutional antecedents and expertise in the area of protection of

social rights Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Econo ...

, the drafters of the Constitution of 1940 used as models the

Second Spanish Republic The Spanish Republic (), commonly known as the Second Spanish Republic (), was the form of democratic government in Spain from 1931 to 1939. The Republic was proclaimed on 14 April 1931 after the deposition of Alfonso XIII, King Alfonso XIII. ...

's Constitution of 1931 and

Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...

Weimar Constitution The Constitution of the German Reich (), usually known as the Weimar Constitution (), was the constitution that governed Germany during the Weimar Republic era. The constitution created a federal semi-presidential republic with a parliament whose ...

History

The Constitution of 1940 was in effect for 12 years until, in 1952, following a coup d'état by

, parts of it were suspended. In 1953,

Fidel Castro Fidel Alejandro Castro Ruz (13 August 1926 – 25 November 2016) was a Cuban politician and revolutionary who was the leader of Cuba from 1959 to 2008, serving as the prime minister of Cuba from 1959 to 1976 and President of Cuba, president ...

's manifesto "

History Will Absolve Me ''History Will Absolve Me'' (Spanish: ''La historia me absolverá'') is the title of a two-hour speech made by Fidel Castro on 16 October 1953. Castro made the speech in his own defense in court against the charges brought against him after he le ...

" declared the restoration of the 1940 Constitution one of the principal aims of his revolutionary movement. In 1957, he and two of his fellow revolutionaries in the "Manifesto of Sierra Maestra" announced their intention to restore the 1940 Constitution should they succeed in defeating the

Batista Batista is a Spanish language, Spanish or Portuguese language, Portuguese surname. Notable persons with the name include: * Batista (footballer, born 1955), Brazilian football player João Batista da Silva * Dave Bautista, Batista (wrestler) (Dave ...

dictatorship. They delayed doing so until 1976. Without any supervision nor proof, the Cuban government claims a referendum that year approved the adoption of a new constitution, the 1976 Constitution of Cuba, which defined the country as a

one-party state A one-party state, single-party state, one-party system or single-party system is a governance structure in which only a single political party controls the ruling system. In a one-party state, all opposition parties are either outlawed or en ...

under the

Communist Party of Cuba The Communist Party of Cuba (, PCC) is the sole ruling party of Cuba. It was founded on 3 October 1965 as the successor to the United Party of the Cuban Socialist Revolution, which was in turn made up of the 26th of July Movement and Popu ...

and replaced the office of

Prime Minister of Cuba The prime minister of Cuba (), officially known as the president of the Council of Ministers () between 1976 and 2019, is the head of government of Cuba and the chairman of the Council of Ministers (cabinet). The prime minister is the third-hi ...

with the executive office of the president. Proof of statistics have yet to been brought forward as of January 2024.

Signatories

The signers were:Sterling, Carlos Márquez and Sterling, Manuel Márquez. 'Historia de La Isla De Cuba" Regents Publishing Company, Inc. New York, NY, 1975 *Antonio Bravo Acosta *Salvador García Agüero *César Vilar Aguilar *Aleida Hernández de la Barca *Eusebio Mujal Barniol *Nicolás Duarte Cajides * Blas Roca Calderio *Francisco Alomí y Álvarez de la Campa *Manuel A. Orizondo Caraballé *Mario Robau Cartaya *Salvador Acosta Casares * José A. Fernández de Castro *Antonio Bravo Correoso *Mario E. Díhigo *José Manuel Casanova Diviño *Emilio A. Laurent Dubet * Manuel Dorta-Duque *Ramón Granda Fernández * Miguel A. Suárez Fernández *Antonio Martínez Fraga *Romárico Cordero Garcés * José Manuel Cortina García, President of the Comisión Coordinadora de la Convención Constituyente *Ramón Corona García *Rafael Álvarez González *

Manuel Benítez González Manuel Benítez y González was a Cuban Machadista (follower of Gerardo Machado) and soldier in the Cuban Liberation Army who helped purge the Spanish Empire from Cuba, and later a journalist for the Havana newspaper ''La Discusión''. Benítez w ...

*Ramiro Capablanca Graupera *Juan Cabrera Hernández *

Rafael Guas Inclán Rafael Guas Inclán (1896 – October 12, 1975) was a Cuban politician and Vice President of Cuba. He was son of Carlos Guas Pagueras, a Cuban independence general and senator and Rosa Inclan. He was graduate of the University of Havana School o ...

*Juan B. Pons Jané *Gustavo Moreno Lastres *María Esther Villoch Leyva *Miguel Coyula Llaguno *Francisco José Prieto Llera *Mariano Esteva Lora *Francisco Ichiazo Macias * Orestes Ferrara Marino *

Ramón Grau San Martín Ramón or Ramon may refer to: People Given name *Ramón (footballer, born 1950), Brazilian footballer * Ramón (footballer, born 1983), Brazilian footballer * Ramón (footballer, born 1988), Brazilian footballer * Ramón (footballer, born 1990), B ...

*José R. Andréu Martínez *Fernando del Busto Martínez *Simeón Ferro Martínez *Esperanza Sánchez Mastrapa *Manuel Mesa Medina *Delio Núñez Mesa *Alberto Boada Miquel, Secretary the Constitutional Convention *Francisco Dellundé Mustelier *Pelayo Cuervo Navarro *Amaranto López Negrón * Emilio Ochoa Ochoa *Santiago Rey Perna *

Emilio Núñez Portuondo Emilio Núñez Portuondo (September 13, 1898, in Philadelphia, Pennsylvania, U.S. – August 19, 1978, in Panama City, Panama) was a Cuban politician, lawyer, and diplomat. He was the 13th Prime Minister of Cuba in 1958. He received the Nation ...

, Secretary the Constitutional Convention *Joaquín Meso Quesada *Alberto Silva Quiñones *Felipe Jay Raoulx *Fernando del Villar de los Ríos *Felipe Correoso y del Risco * Eduardo Rene Chibás Rivas *

Jorge Mañach Robato Jorge is the Spanish and Portuguese form of the given name George. While spelled alike, this name is pronounced very differently in each of the two languages: Spanish ; Portuguese . It is derived from the Greek name Γεώργιος (''Georgios' ...

*Manuel Parrado Rodés *César Casas Rodríguez *Arturo Don Rodríguez *Félix García Rodríguez *Primitivo Rodríguez Rodríguez *Joaquín Martínez Sáenz *Adriano Galano Sánchez *Jorge A. Mendigutía Silveira *

Carlos Prío Socarrás Carlos Manuel Prío Socarrás (; July 14, 1903 – April 5, 1977) was a Cuban politician. He served as the President of Cuba from 1948 until he was deposed by a military coup led by Fulgencio Batista on March 10, 1952, three months before new ...

, President of the Constitutional Convention *Manuel Fueyo Suárez * Alfredo Hornedo Suárez *Miguel Calvo Tarafa *Quintín Jorge Vernot *

Juan Marinello Vidaurreta Juan Marinello Vidaurreta (2 November 1898 – 27 March 1977) was a Cuban Communist intellectual, writer, poet essayist, lawyer and politician. He was one of the most prominent Cuban intellectual figures of the interwar period and post revolutiona ...

References

External links

The 1940 Constitution of Cuba
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1940 A calendar from 1940 according to the Gregorian calendar, factoring in the dates of Easter and related holidays, cannot be used again until the year 5280. Events Below, events related to World War II have the "WWII" prefix. January *Janu ...

Cuba Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the ...